GENERAL TERMS & CONDITIONS

For this Terms & Conditions:

Cookie” small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.

“Company” when this policy mentions “Company,” “we,” “us,” or “our,” it refers to end Me Pls Pty Ltd, Company Reg No. 2024/696042/07, (03 Swale Street • Sitari Country Estate –Somerset West • Western Cape • 7130) that is responsible for your information under this Terms & Conditions.

“Country” where Send Me Pls or the owners/founders of Send Me Pls are based, in this case is South Africa

“Device” any internet connected device such as a phone, tablet, computer, or any other device that can be used to visit Send Me Pls and use the services.

“Service” refers to the service provided by Send Me Pls as described in the relative terms (if available) and on this platform.

“Third-party service” refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you. “You” a person or entity that is registered with Send Me Pls to use the Services.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18 or the age of legal majority in your jurisdiction (if different than 18). The Company does not permit those under 18 to use the Service without parents or guardian consent.

Under no circumstances shall Send Me Pls team be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Send Me Pls team or an authorised representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. We reserve the rights to change prices and revise the resources usage policy in any moment.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Send Me Pls Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the app.

Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Send Me Pls or its affiliates, partners, suppliers or the licensors of the app.

• Send Me Pls Services

  As the user you acknowledge that Send Me Pls Digital Application provides real-time feedback, tracking of delivery, rating for service experience provision to the end customers and ensure that customers can accurately locate the delivery and track their delivery journey alongside offer customised convenience to the customer.

  We make available the following services, namely; Send Me Pls Parcel – Send Me Pls Shopping Send Me Pls Gifts, Send Me Pls Foods; and Send Me Pls Markets. As a driver your access to use of our services will be in accordance with you accepting and committing to the following conditions:

• User Account

  To access and use Send Me Pls Services, you must register for and maintain an active personal user Services account (“Account”) and you may sign up either as a legal or a natural person.

  Account registration requires you to submit to Send Me Pls certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner).

  You agree that all information presented to us is accurate, correct, and complete, and commit to keep up-to-date information in your Account.

  Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired licenses, permit, and payment method on file, may result in your inability to access and use the Services or Send Me Pls’s termination of these Terms with you.

  You will not authorise other persons to use your account and are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless otherwise permitted by Send Me Pls in writing, you may only possess one Account.

   

• Agreement and code of conductYou commit to comply with all the requirements and pursuant to valid legal acts, you are agreeing to enter into a Service Level Agreement with us to use the Digital Application to access our services;You have carefully studied, fully understand, and agree to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement;

  You agree to act in accordance with Send Me Pls’s Code of Conduct which provides for you to supply the Transportation Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Customer’s request in the best interest of the Customer.

  You retain the sole right to determine when you are providing the Transportation Services but save to say that you will do so in a manner that will not prevent you to meet the requirements prescribed in the Service Level Agreement. You shall accept, decline or ignore Transportation Services requests made by Customers at your own choosing.

• Service Fares & CostsThe Fare is calculated based on a default base fare, the distance of the specific journey as determined by the GPS-based device and the duration of the specific travel which the Driver/picker will be entitled to share a substantial percent of the earnings. Send Me Pls will also charge administrative fee for each booking which shall not be shareed with the Driver. The default base fare may fluctuate based on the local market situation.A customer will be charged Delay Time Fee after certain time period determined by Send Me Pls App when the Driver has arrived for a delivery and waits for the customer, and the Driver will be entitled to a percent of that Fee.

  Fare shall be estimated upfront and will appear on the Send Me Pls App to a Customer before the order is requested, and to you when the delivery order is accepted, however if the customer chooses to re-route the trip the fare shall be recalculated and appear to both yourself and the rcustomer at the end of the delivery order.

  When a customer cancels via the Send Me Pls App after a ? request for delivery order has been accepted by the Driver after certain time period determined by Send Me Pls App, such a customer will be charged a Cancellation Fee and the Driver will be entitled to a percent of that Fee for the cancelled delivery order.

  After each successful provision of transportation services, Send Me Pls shall create and forward a receipt to the customer consisting of some or all of necessary information about the trip and fares.

  The Delivery order requested on behalf of another customer other than the person making a booking shall be paid by the requester to avoid payment disagreements after the provision of the service.

  In case the Customer fails or refuses to pay, Send Me Pls will send a notice of debt to the Customer on behalf of you. Such authorisation derives from the mandate of paying agent given to Send Me Pls and does not entail that Send Me Pls has an obligation to compensate the Fare not paid by the Customer.

  You are obliged to provide and maintain all equipment and means that are necessary to perform the services at your own expense, including a car,motorbike smartphone, etc. You are also responsible for paying all costs you incur in the course of performing the services including, but not limited to, fuel, mobile data plan costs, duty fees, amortisation of the vehicle, motorbike insurance, relevant corporate or payroll taxes.

  When providing services, if a customer or co-customers negligently damage the vehicle/motorbike either interior or exterior, you shall have the right to request the Customer to pay a penalty. Please note that we are not taking any liability for direct or indirect damages in relation to cleaning or maintenance of the vehicle caused by Customer.

  You shall be responsible for the cost of repair for damage to, Third-Party Provider vehicles, motorbikes and property resulting from use of the Services under your Account in excess of normal wear and tear, damages and necessary cleaning. If a Third-Party Provider reports the need for Repair, and such Repair request is verified accordingly, in its reasonable discretion, Send Me Pls reserves the right to facilitate payment for the reasonable cost of such Repair on behalf of the Third-Party Provider using your payment method designated in your Account.

  You acknowledge and accept that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the services via Send Me Pls App. ,

• In-App PaymentsWe will enable Customers to pay for the Transportation Service via cards, carrier billing and other payment methods directly in the Send Me Pls App. You hereby authorise us as your commercial agent to receive the Fares or other fees paid by the Customer via In-app Payment and to pay the relevant funds to you as per the agreed earnings sharing structure.You will not refuse payment by the customer via the In-app Payment, or influence the customer against the use of the In-app Payment. In case you refuse to accept an In-app Payment without just cause, we shall be entitled to charge you a contractual penalty or apply other corrective measures.

  You are entitled to review In-app Payment reports in the Send Me Pls Driver Account or App. The reports will show the amounts of the In-app payments of revenue earned in the previous week; your earnings share, as well as Send Me Pls’s earnings. You must notify us of any important circumstances which may affect our obligations to collect and distribute the Fares paid via In-app Payment.

  Please note that we will set off any Fares or Tip paid via In-app Payment against the amounts that you are obliged to pay to us have collected and not deposited into our bank account or any contractual penalties.

  We are not obliged to pay you the Fare due from the customer if the In-App-Payment failed because customer’s credit card or other payment is cancelled or is unsuccessful for other reasons. In such case we will pursue the Fare due from the Customer and shall pay your share portion to you once the customer has made the requested payment.

• Communication termsYou are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.

  Send Me Pls does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

  Send Me Pls reserves the right to distribute promo code to ridercustomers at our discretion on a per promotional basis. You are required to accept the use of promo code only when the ridercustomer applies the code in-app to a trip using card payment.

  You agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Send Me Pls at any time by sending an email to info@sendmepls.co.za indicating that you no longer wish to receive such messages.

  Send Me Pls may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location.

  You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

  Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

• Send Me Pls SupportWe provide the Drivers customer support regarding the use of the Send Me Pls Services.We have the right to stop providing the customer support services in case you are in delay with any of the payments for more than 5 (five) calendar days.
• Return and Refund PolicyThanks for using Send Me Pls services and we appreciate the fact that you like to use the services we are offering. We also want to make sure you have a rewarding experience while you are exploring, evaluating, and using our services.As with any shopping experience, there are terms and conditions that apply to transactions at Send Me Pls. We will be as brief as our attorneys will allow. The main thing to remember is that making use of Send Me Pls services, you agree to the terms along with Send Me Pls’s Privacy Policy.

  If, for any reason, you are not completely satisfied with any service that we provide, do not hesitate to contact us and we will discuss any of the issues you are going through with our product.

• Your SuggestionsAny feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to Send Me Pls with respect to the app shall remain the sole and exclusive property of Send Me Pls. Send Me Pls shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
• Your ConsentWe have created our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it is being used.By using our app, registering an account, or making use of service, you hereby consent to our Terms & Conditions.

• Links to WebsitesThe Services may contain links to other websites not operated or controlled by Send Me Pls. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us.These terms and conditions only apply to the use of our services and please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
• CookiesSend Me Pls uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser.We use Cookies to enhance the performance and functionality of our app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the app as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies.

  However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Updates may modify or delete certain features and/or functionalities of the app. You agree that Send Me Pls has no obligation to provide any Updates, orUpdates or continue to provide or enable any particular features and/or functionalities of the app to you.

You further agree that all Updates will be deemed to constitute an integral part of the app, and subject to the terms and conditions of this Agreement.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

This Agreement will terminate immediately, without prior notice fromSend Me Pls, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your computer.device

Termination of this Agreement will not limit any ofSend Me Pls’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

identification of the material that is claimed to be infringing;

your contact information, including your address, telephone number, and an email;

a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and

the statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

violation of this Agreement or any law or regulation; or

violation of any right of a third party.

Without limitation to the foregoing, Send Me Pls provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Send Me Pls nor any Send Me Pls’s provider makes any representation or warranty of any kind, express or implied:

as to the operation or availability of the app, or the information, content, and materials or products included thereon;

that the app will be uninterrupted or error-free;

as to the accuracy, reliability, or currency of any information or content provided through the app; or

that the app, its servers, the content, or e-mails sent from or on behalf of Send Me Pls are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Send Me Pls’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Send Me Pls AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

Send Me Pls reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Send Me Pls.

You and Send Me Pls will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Send Me Pls may commence arbitration.

Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible under this policy.

The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Send Me Pls Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms & Conditions (which include and incorporate the Send Me Pls Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Send Me Pls concerning its subject matter, and cannot be changed or modified by you.

The section headings and sub-sections used in this Agreement are for convenience only and will not be given any legal import.

In no event shall Send Me Pls be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Send Me Pls reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Send Me Pls Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Send Me Pls is a distributor and not a publisher of the content supplied by third parties; as such, Send Me Pls exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service, or merchandise provided through or accessible via the Send Me Pls Service.

Without limiting the foregoing, Send Me Pls specifically disclaims all warranties and representations in any content transmitted on or in connection with the Send Me Pls Service or on sites that may appear as links on the Send Me Pls Service, or in the products provided as a part of, or otherwise in connection with, the Send Me Pls Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights.

No oral advice or written information given by Send Me Pls or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty.

Price and availability information is subject to change without notice. Without limiting the foregoing, Send Me Pls does not warrant that the Send Me Pls Service will be uninterrupted, uncorrupted, timely, or error-free.